Inp.polri.go.id - Jakarta. The Supreme Court has issued an verdict ordering the General Election Commission to rescind two regulations that had eased the path for former corruption convicts to stand as legislative candidates.
The verdict ruled in favor the a judicial review submitted by the Indonesia Corruption Watch (ICW), the Association for Elections and Democracy (Perludem), and two former leaders of the Corruption Eradication Commission (KPK), Saut Situmorang and Abraham Samad, antaranews.com reported on Saturday (30/9/2023).
The specific rules in question were Article 11 Paragraph (2) of the General Election Commission Regulation (PKPU) Number 10 of 2023 and Article 18 Paragraph (2) of PKPU Number 11 of 2023. These regulations were criticized for permitting former corruption convicts to run for office without adhering to the mandated five-year waiting period, as stipulated by Law Number 7 of 2017 on General Elections and Constitutional Court decisions.
The Supreme Court has determined that these regulations contradict higher-ranking laws and, as such, have no legally binding authority and should not apply broadly.
The Court emphasized the need for stringent criteria to screen candidates and prevent potential corruption offenses by elected representatives. It underscored that corruption is an extraordinary crime, and lax requirements could obstruct development processes, influence public policies, and result in corrupt legislation.
To maintain the principles of a fair electoral system, the Supreme Court recommended that the Election Commission establish more rigorous prerequisites for individuals convicted of corruption, including the revocation of their political rights. The Court believes that the five-year post-sentence period provides adequate time for former corruption convicts to reflect and reintegrate into society, aligning with Constitutional Court decisions.
(mg/inp/pr/nm)
